Patna HC granted bail to petitioners in a criminal case alleging assault and snatching registered under IPC sections 379 and allied sections, considering it a petty dispute with no injuries.
Enlarged on bail by furnishing bond with two sureties within four weeks under conditions of S.438(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32846 of 2014
Arising Out of PS.Case No. -243 Year- 2014 Thana -DUMRAUN District- BUXAR ====================================================== 1. Manik Chand Choudhary S/o Late Bhukhan Choudhary 2. Roop Chand Choudhary 3. Jitendra Choudhary 4. Ujjwal Choudhary All three sons of Manik CHand Choudhary All R/o Village - Navadera, P.S. Dumraon, District - Buxar .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 03-02-2015 Heard both sides. The petitioners apprehend their arrest in Dumraon (Naya Bhojpur O.P.) P.S. Case No. 243 of 2014 registered under section 379 and other allied sections of the Indian Penal Code. The informant made allegation that all the accused persons came armed with weapon and assaulted the informant and his son and snatched money and ornaments. Learned counsel for the petitioners submits that from perusal of the complaint petition it appears that on account of playing cricket some altercation took place on 16.06.2014 and the
Patna High Court Cr.Misc. No.32846 of 2014 (2) dt.03-02-2015
2/2
complaint was filed on 06.07.2014 after three weeks of the occurrence. The informant did not get any injury as it appears from the treatment chart annexed with the complaint petition.
Considering the fact that on account of some petty dispute the occurrence took place, the above named petitioners in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Buxar in Dumraon ( Naya Bhojpur O.P.) P.S. Case No. 243 of 2014, subject to the conditions as laid down under section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J)
M.Rahman/-
U T
1 issue framed by the court
Whether the petitioners should be enlarged on bail given the discharge dated 16.06.2014 and lack of injuries to the informant.
Manik Chand Choudhary
Roop Chand Choudhary
Jitendra Choudhary
Ujjwal Choudhary
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
